NC0044199_LV20150033_20150302

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7014 0510 0000 4466 0295
Return Receipt Requested
March 02,2015 RECEIVEDIDENR/DwP
Haytham Kasem MAR 0 fi 2615
LSAA,Inc. dba Sam's Mart
7935 Council P1 Water Quality
Permitting Sectinr
Ste 200
Matthews,NC 28105-5000
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No.NC0044199
LSAA,Inc.dba Sam's Mart
Sam's Mart#45
Case No.LV-2015-0033
Haywood County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$259.26($100.00 civil penalty
+$159.26 enforcement costs)against LSAA, Inc.dba Sam's Mart.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by LSAA, Inc. dba Sam's Mart for the month of September 2014. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No.
NC0044199. The violations,which occurred in September 2014,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that LSAA, Inc. dba Sam's Mart violated the terms,
conditions or requirements of NPDES Permit No. NC0044199 and G.S. 143-215.1(a)(6) in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against LSAA,Inc.dba Sam's Mart:
2090 U.S.70 Highway,Swannanoa,NC 28778
Phone:[phone] Internet:www.ncdenr.gov<httpJ/www.ncdenr.gov>
An Equal Opportunity`Affirmative Action Employer-Made in part by recycled paper

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$100.00 1 of the 2 violations of 143-215.1(a)(6) and NPDES Permit No.NC0044199, by discharging
waste water into the waters of the State in violation of the Permit Daily Maximum for TSS-Conc.
$100.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$259.26 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact
and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
Within thirty(30)days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision
in the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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Option 3: File a petition for an administrative hearing with the Office of Administrative Hearines:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file
the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed
or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the
filing fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr. Sam M.Hayes,General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
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If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email at [e-mail].
Sincerely,
for S.Jay Zimmerman,P.G.
Acting Director,Division of Water Resources,NCDENR
By G.Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files,Water Quality Section (w/attachments)
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0033 County: Haywood
Assessed Party: LSAA,Inc.dba Sam's Mart
Permit No.: NC0044199 Amount Assessed: $259.26
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of
this civil penalty. You should attach any documents that you believe support your request and are necessary for the
Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the
accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. §
143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply.
Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of
supporting documents,as to why the factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to
the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
ISAA,Inc.dba Sam's Mart )
Sam's Mart#45 )
)
PERMIT NO.NC0044199 ) CASE NO. LV-2015-0033
Having been assessed civil penalties totaling $25926 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated March 02, 2015, the undersigned, desiring to seek remission of the civil penalty,
does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
LSAA,Inc.dba Sam's Mart
CASE NUMBER: LV-2015-0033
PERMIT: NC0044199 FACILITY: Sam's Mart#45 COUNTY: Haywood REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED V.OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$0.00 9-2014 001 Effluent TSS-Conc 914/14 Weekly mg/1 45 51.40 14.2 Daily Maximum Exceeded
$100.00 9-2014 001 Effluent TSS-Conc 9/9/14 Weekly mg/1 45 54.30 20.7 Daily Maximum Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Sam's Mart#45/LSAA/ NC0044199
(September 2014 DMR)
County: Haywood
Case Number: LV-2015-0033
8 ASSESSMENT FACTORS
As required by G.S.143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in G.S. 14313-282.1(b),which are:
1) The degree and extent of harm to the natural resources of the State,to the public health,or to
private property resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max TSS's exceeded the permit limit by 14.2 %&20.66%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal
and additional aeration. It would also include more operating and maintenance
time on site and the cost of additional chemical treatment.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority;and
There have been no civil penalty enforcements in the twelve months prior to
this violation.
8) The cost to the State of the enforcement procedures.
$159.26. _
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Date G.Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
03/02/2015 Asheville Regional Office,NCDENR

7 c r ‘/
/PERMIT NO. NC0044199 DISCHARGE NO. 001 MONTH SEPT. YEAR 2014
;'ILITY NAME SAM'S MART 045 CLASS II COUNTY HAYWOOD
`,
CERTIFIED LABORATORY(1) JAMES a JAMES ENVIRONMENTAL MGT.,INC. CERTIFICATION NO. 482
/ (list additional laboratories on the backside/page 2 of this form)
. OPERATOR IN RESPONSIBLE CHARGE(ORC) KENNETH JASON RUMMEL GRADE II CERTIFICATION NO. 994182
PERSON(S)COLLECTING SAMPLES KENNETH JASON RUMMEL ORC PHONE [phone] ,
CHECK BOX IF ORC HAS CHANGED NO FLOW/DISCHARGE FROM SITE"
Mail ORIGINAL and ONE COPY to:
ATTN:CENTRAL FILES 1 Pt" _•-/ /... I1C T 17/2014
DIVISION OF WATER QUALITY ,( KM• It 1 0 •• •• 1 1 v • d.LC l;t1AKLJt) IIv
1617 MAIL SERVICE CENTER BY THIS SIGNATURE.I CERTIFY�T THIS REPORT ,ST Y(w,VV
RALEIGH.NC 276994617 ACCURATE AND COMPLETE TO THE BEOF MY KNOWLEDGE. ,�(`'v
50050 00010 00400 50060 00310 00610 00530
€ : FLOW ut 0 z II Ei z $
p
d INF}0 i1 d iEFF II 1.1 ge sV z V O W 1 1 i
0
HRS HRS Y/NN MGD C UNITS UG/L MIL MG/L MG/L
1 holiday 0.00 _ _ -
3 1230 0.25 Y RECEIVED
ECC V L!IVS D
3 0745 0.25 Y
4 1035 0.25 Y 0.0005 23.2 7.4 18.7 <0.100 51.4 OCT t7
5 1040 0.22 Y rot
_
6 0.00 CENTRAL FILES
7 0.00 DWR CECT10N
8 1340 0.33 Y
9 0730 0.17 Y 0.0005 22.4 7.1 9.03 B,CCO
10 1320 0.08 Y
11 1345 0.08 , Y
12 1105 0.17 Y
13 0.00
14 0.00 _
15 0705 0.12 Y
16 0715 0.25 _ Y 0.0005 22.2 6.9 8.5 <0.1 42.2
17 1430 0.13 Y
18 1030 0.25 Y
19 1745 0.12 Y _ �� •
20 0.00
22 1145 0.63 V OCT 3 0 2014
23 1430 0.08 Y
24 0730 0.30 Y 0.0005 21.4 6.5 4.47 B,C 4.8
25 1345 0.13 Y •
26 1100 0.25 Y 4.6
27 0.00
28 0.00 �-� k-0,,s.,-44-
'
<�
29 1150 0.17 Y �o,4,313e�
30 0740 0.25 Y 0.0005 19.6 6.6 4.03 C 10.0s�
31 0.00 `v 70`1
AVERAGE 0.001 21.8 n 9.0 0.0 27.9 a
MAXIMUM 0.000523.2 7.4 18.7 <0.1 54.3 C?e�a /'`-I
MINIMUM 0.0005 `19.6 6.5 4.0 <0.1 4.6 �Q�`oa1 4 %"..
Comp.(C)/Grab(G) G G G G G G ,�ePi eq
Monthly Limit 0.0150 NL 6-9 30/45 NL 30/45 400 re'
DWQN..B0.-0(1>M) -
tor 1 ' -f�
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Facility Status:(Plea i :0�o�;of folio
y tT /vd✓ -noir- A.v'- oo s/ �'� AI°�'-zo/o' OD 3-3

All monitoring data and sampling frequencies meet permit requirements .
(including weekly averages,if applicable)
Compliant • a
All monitoring data and sampling frequencies do NOT meet permit requirements .11 z
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Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the
environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written
submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for improvements to be made as required by Part ILE.6 of the
NPDES permit. .
"I certify,under penalty oflaw,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Baled on my inquiry of the person or persons who managed the system,or those persons directly
responsible for gathering the information,the information submitted is,to the best ofmy knowledge and belief;true,accurate,and complete. I am aware that there are
significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations."
SAMS MART#45
.Permittee (Please print or type)
I &i . ?Nto ,c. 10/17/2014
of Peruni Date
' unless submitted electronically)
7935 COUNCIL PLACE.SUITE 200,MATTHEWS,NC 28105 828-697-0063 1/31/2016
Perrins Address Phone Nunes. e-mail address Permit&Orifice Dwe
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ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit at(919)807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. •
* No Flow/Discharge From Site: Check this box if no discharge occurs and,as a result,there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
***Signature of Permittee: If signed by other than the permittee,then the delegation of the signatory authority must be on
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file with the state per 15A NCAC 2B.0506(b)(2XD).

( 1-x2"fC61,)/2
i �;� JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
4 PO BOX 1354, MOUNTAIN HOME,NC 28758
1
.1111 +eig oPf� [phone] OFFICE
or7 [phone] FAX
September,2014-DMR
Client: SamsMart#45
NPDES PERMIT NUMBER:NC0044199
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System(NPDES)permit. We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
TOTAL SUSPENDED SOLIDS—51.4 mg/1 on the 4TH
54.3 mg/I on the 9th
Monthly average compliant
This gave a daily maximum violation on two days and did not give a monthly violation. This
facility has been running exceptionally well over the last several months.The facility had lost a large
portion of the food entering the facility when the restaurant closed. The facility has been able to maintain
until this point. Another restaurant is in discussion with the Health Department about opening.During this
same time frame a toxic load of low pH entered the facility. This caused the bacteria to become unsettled.
Alum was used to settle the facility out. This took a couple of weeks to get the system polished. We also
recommended that the grease trap be pumped to remove any potential residual preventing the settling out.
You may receive a monetary fine for this month. Thank you for your understanding in this matter.
Thank you for choosing James&James as your service company.
Harry&Juanita James {�

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Permit Enforcement History Details by Owner / \\
3/2/2015
1
Owner: LSAA.Inc.dba Sam's Mart
Facility: Sam's Mart#45
Permit: NC0044199
Region: Asheville County : Haywood
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission Memo8ent Total Balance Pmt Case
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
LR-2006-0001 7-2007 2/20/08 $500.00 $100.00 3/28/08 6/9/08 $0 7/9/09 $0.00 $600.00 $0.00 No 9/10/09
Total Cases: 1 Total Penalty Amount $500 Total Enforcement Cost $100.00 Sum Of Total Paid: $600.00 Total Balance Due: $0.00
Sum of Total Case Penalties: $600.00 Total Penalties After Remissions: $600.00